Kolkata Court August 2007 Judgments
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Bajrangi Rabidas Vs. Chairman, Managing Director, E.C.L. Ltd. and ors.
Court: Kolkata
Decided on: Aug-17-2007
Reported in: 2008(2)CHN259,[2007(115)FLR590]
Pranab Kumar Chattopadhyay, J.1. Whether the date of birth of the appellant recorded in the Madhyamik Examination Certificate of Bihar Vidyalaya Pariksha Samity can be altogether ignored by the employer in view of the recording of different date of birth of the said appellant/writ petitioner in Gas Testing Certificate under the Mines Act, 1952, Sirdar's Certificate under Coal Mines Regulations, 1957 and also Overman's Certificate of Service under Coal Mines Regulations, 1957.2. The appellant/writ petitioner initially joined the services of the Bengal Coal Co. Ltd. at Chinakuri Mine No. Ill on 9th January, 1970 as Mining Sirdar. After nationalisation of the coal mines, the said writ petitioner became an employee of Eastern Coal Fields Ltd.3. It is not in dispute that all the individual coal companies operating prior to the nationalisation had to submit employment particulars of their employees to the competent authority of the nationalised coal company. It is the case of the appellant/w...
Shyamal Kumar Samanta and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-17-2007
Reported in: [2008(116)FLR145]
J.K. Biswas, J.1. The four petitioners in this writ petition dated June 16th, 2005 are seeking a mandamus directing the respondents to regularize their services as organizer teachers working in the secondary section of Kalagachia High School, Purba Medinipur.2. Their case is this. On July 30th, 1978 the managing committee of the institute decided to appoint the first and second petitioners as organizer, teachers in the unapproved secondary section of the institute. By a subsequent decision dated July 6th, 1980 the committee decided to appoint the third and fourth petitioners as teachers, for the unapproved secondary section of the institute. On being appointed they continued to work, and die district level inspecting team, inspecting the institute in connection with the question of recognition of the secondary section, found that at the time of inspection on September 29th, 1992 they were working as organizer teachers. However, from the year 2002 they were prevented by the institute au...
In Re: B.M.G. Pharmaceuticals (P) Ltd. (In Liquidation)
Court: Kolkata
Decided on: Aug-16-2007
Reported in: (2007)3CALLT620(HC),2008(1)CHN74,[2008(116)FLR751],(2008)IILLJ110Cal
Sanjib Banerjee, J.1. A point of principle arises, though the sum involved in this case is the princely amount of Rs. 1323.80. The point has arisen in a number of matters. The Regional Provident Fund Commissioner seeks an adjudication whether provident fund dues of all employees of a company in liquidation should stand on the same footing as workmen's dues.2. Sections 529, 529A and 530 need first to be seen to appreciate the issue involved:529. Application of insolvency rules in winding up of insolvent companies.-(1) In the winding up of an insolvent company, the same rules shall prevail and be observed with regard to:(a) debts provable;(b) the valuation of annuities and future and contingent liabilities; and(c) the respective rights of secured and unsecured creditors; as are in force for the time being under the law of insolvency with respect to the Estates of persons adjudged insolvent:Provided that the security of every secured creditor shall be deemed to be subject to a pari passu ...
Standard Chartered Bank Pensioner's Association and Ors. Vs. Standard ...
Court: Kolkata
Decided on: Aug-14-2007
Reported in: (2007)3CALLT483(HC),2007(4)CHN369,[2008(116)FLR744],(2008)ILLJ409Cal
S.S. Nijjar, C.J.1. This appeal has been filed by the Standard Chartered Bank Pensioner's Association and Ors. against the judgment of the learned Single Judge dated 4th December, 2003 in Writ Petition No. 16553 (W) of 2003. The writ petition has been dismissed by the learned Single Judge as not being tenable against the Standard Chartered Bank. At the same time directions have been issued to the Reserve Bank of India to consider the representation made by the petitioners in accordance with law and to dispose of the same preferably within a period of four months from the date of the communication of a copy of the judgment and order.2. The petitioners had filed the writ petition with the allegations that under the conditions of service, the employees of the Bank are entitled to pension by virtue of various awards and settlements prevailing in the Bank. The right to get the pension stands further corroborated and established by industry-wise settlement made by and between 58 Banks and th...
Shyamal Das Alias Shyamal Kumar Das Vs. 54 Block Congress Committee
Court: Kolkata
Decided on: Aug-14-2007
Reported in: 2008(1)CHN1002
Subhro Kamal Mukherjee, J.1. This is a revisional application under Article 227 of the Constitution of India against the judgement and order dated December 16, 2005 passed by the learned Civil Judge (Senior Division) at Sealdah in Misc. Appeal No 7 of 2005 reversing Order No. 17 dated February 15, 2005 passed by the learned Civil Judge (Junior Division), Second Court Sealdah in Title Suit No. 117 of 2004.2. The brief facts leading to filing of this revisional application are as follows:(a) The plaintiff, 54 Block Congress Committee, on April 17,2004, institutes the said suit in the Court of the learned Civil Judge (Junior Division), Second Court at Sealdah, against Shymal Das, inter alia, for permanent injunction. In the said suit the plaintiff alleges that the plaintiff is a lawful tenant under the said defendant in respect of one big hall with right of user of common bath and privy and of the entire open space, at a monthly rental of Rs 200/- (Rupees two hundred) only payable accordi...
Milan Kumar Pal Vs. State
Court: Kolkata
Decided on: Aug-13-2007
Reported in: 2007(4)CHN1023
Ashim Kumar Roy, J.1. This is an appeal against the order of conviction of the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act for alleged violation of the provisions of Paragraph 5(2) of the West Bengal Licensing of Dealers of Cement and Distribution of Levy Cement Order, 1982 and sentence of rigorous imprisonment for 2 years and a fine of Rs. 2,000/-, in default to suffer rigorous imprisonment for a further period of 6 months, passed in a trial held before the learned Judge, Special Court under E.C. Act, Nadia, Krishnanagar.2. During the trial while the appellant was examined under Section 251 of the Code of Criminal Procedure, the accusation made against him was as follows:On June 24, 1988 in between 12 noon to 4.30 p.m. the complainant of the case, inspected the cement shop of the appellant when he was found running the shop, at the time the Stock Register and Sale Register was verified and 1200 bags of cement was found shortage. On being asked the appellant co...
Soleman Sk. Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-13-2007
Reported in: 2008(4)CHN397
Ashim Kumar Roy, J.1. Aggrieved by an order passed by the learned Additional Sessions Judge, Fast Track Court, Katwa, in connection with Sessions Case No. 165 of 2004 rejecting his prayer for further investigation, who happened to be the de facto complainant of the case, the petitioner moved the instant criminal revision.2. Mr. Tapan Deb Nandy, the learned Counsel appearing on behalf of the petitioner, submitted before this Court that in the aforesaid sessions trial, the accused persons have been charged for commission of offences under Section 326/307 of the Indian Penal Code along with other offences. Mr. Nandy further submitted that the victim of this case, namely, Sukur alias Sukchand Sk., who sustained grievous hurt, was initially treated at Katwa Sub-Divisional Hospital, then at Burdwan Medical College and Hospital, for forty days and thereafter at S.S.K.M. Hospital at Calcutta for twenty days more. But it appears that none of the original treatment documents, namely, bed-head ti...
Tapas Kumar Khan Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Aug-13-2007
Reported in: 2008(2)CHN335
Ashim Kumar Roy, J.1. Aggrieved by the continuance of the criminal proceeding relating to the Raiganj Police Station Case No. 7 of 2007 under Section 406/420/34 of the Indian Penal Code, invoking inherent jurisdiction of this Court, the petitioner moved the instant criminal revision for quashing of the same.2. The learned Senior Counsel Sardar Amzad Ali appearing in support of the instant criminal revisional application contended that the impugned criminal proceedings as well as the FIR are liable to be quashed on the following grounds:(a) The FIR has been lodged out of sheer mala fide.(b) The allegations are not genuine, and are wild, omnibus, vague, baseless, bereft of any sense and not supported by any materials on record.(c) As it appears from the complaint the entire grievance is against the company but the company has not been impleaded as an accused in the FIR.(d) The allegations are inherently malicious and neither the petitioner nor the company was approached for refund and re...
Jayasri Fiscal Services Pvt. Ltd. and ors. Vs. State of West Bengal an ...
Court: Kolkata
Decided on: Aug-10-2007
Reported in: 2007(4)CHN41
Pranab Kumar Chattopadhyay, J.1. The subject-matter of challenge in the instant writ application is the land acquisition proceeding being L.A. Case No. 4/80 of 1998-99 for the purpose of acquisition of two plots of agricultural land altogether measuring 20 cottahs 8 chittaks. Both the plots formed part of R.S. Dag No. 2885. R.S. Khatian No. 712, Mouza: Hariara, P.S. Rajarhat, District- 24 Parganas (North).2. It appears from the writ petition that the petitioners purchased the two plots on 14.03.1996 and had their names mutated in the revenue records of the Government of West Bengal in the month of February, 2000 and paid rent and/ or revenue for the said two plots. In the said writ petition it has also been mentioned that the petitioners herein with a view to develop the aforesaid two plots approached the UCO Bank for financial accommodation and the said proposal was processed by the bank upon conducting necessary enquiries through its own learned Advocate.3. The petitioners have alleg...
Mohan Singh Oberoi and Prithvi Raj Singh Oberoi Vs. Income Tax Officer ...
Court: Kolkata
Decided on: Aug-10-2007
Reported in: (2007)213TTJ(Cal)484
Ashim Kumar Banerjee, J.1. Is a loan given by a company to its director without any interest taxable under the provisions of the IT Act, 1961 (hereinafter referred to as the 'said Act of 1961') ?2. These two appeals involve the above moot question to be answered by us in this judgment.3. The facts of the two appeals are identical. Hence, we are disposing of both appeals by this common judgment.Facts of the case4. The appellants in both the appeals are assessed to income-tax for the relevant assessment year. After the assessment was complete notice under Section 148 was issued for reopening the assessment on the ground that they derived benefit out of interest-free loan granted by two companies. It was alleged that the assessee, Ishran Devi Oberoi obtained benefit of the loan granted to her husband Shri Mohan Singh Oberoi by two companies, namely, M/s Hotels 1938 Limited and M/s Northern India Caterers (P) Ltd. free of interest. According to the Revenue, since the concerned assessee obt...